Secretary of State for Work and Pensions v Tolley

European Union – Social security. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that a benefit such as the care component of disability living allowance was a sickness benefit for the purposes of Council Regulation (EEC) No 1408/71 in the version amended and updated by Council Regulation (EC) No 118/97, as amended. The request for a preliminary ruling had been made in proceedings between the Secretary of State for Work and Pensions (United Kingdom) and the husband of Mrs Tolley (deceased), concerning the withdrawal of her entitlement to the care component of disability living allowance on the ground that she no longer satisfied the conditions as to residence and presence in Great Britain.

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